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STATE v. SMILEY

No. 4D06-479.

927 So.2d 1000 (2006)

STATE of Florida, Petitioner, v. Robert Lee SMILEY, Jr., Respondent.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 1, 2006.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Melanie Dale Surber, Assistant Attorney General, West Palm Beach, for petitioner.

Carey Haughwout, Public Defender, West Palm Beach, for respondent.

WARNER, J.

The Legislature enacted section 776.013, Florida Statutes, effective October 1, 2005, to provide for an expanded right of self-defense for individuals. It eliminates the duty to retreat found under Florida common law. Thereafter, in preparation for the first degree murder trial of respondent, Robert Smiley, the court granted his motion for special jury instructions incorporating these statutory changes in the law of self-defense, even though Smiley's offense...

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